I’ll keep this short. Parents across the country and here in Florida are concerned about what is going to happen with the upcoming school year. But what about the teachers?

Well, the moment many have been anticipating for weeks has finally happened. The Florida Education Association (FEA), which is the umbrella union for the various school district unions across the state, has filed a lawsuit seeking to stop the re-opening of schools due to the danger of COVID-19. I am cautiously optimistic that this unified front of 140,000 plus educational professionals will convince our leaders to stop the madness that is opening our schools in just a few weeks.

Having said that, a huge word of caution. If the FEA is not successful in stopping the reopening of brick and mortar schools statewide before the start date of school, employees of public schools cannot strike. The Florida Constitution expressly prohibits it in Article I, Section 6, states “[p]ublic employees shall not have the right to strike.” If you are a public employee and you strike, you can be fired. Period.

If you have concerns about what to do as the first day of school approaches, contact your union representative ASAP. Please note that even if you do not pay dues, the union represents you if you are part of the bargaining unit. Also note that this article does not apply to educators at private institutions, which are governed by the National Labor Relations Act, not the Florida law on public sector employment.

If you have further questions on the subject, do not hesitate to reach out to one of Florida’s Board Certified Specialists in Labor and Employment Law. Many offer free consultations and may be willing to spend a few minutes talking with you about your rights.

Stay safe out there.